COMMISSION ON HUMAN RIGHTS STARTS DEBATE ON ADVISORY SERVICES AND TECHNICAL COOPERATION IN THE FIELD OF HUMAN RIGHTS

MORNING
HR/CN/99/52
22 April 1999




Commission Decides to Consider Question of Assistance to Chad


The Commission on Human Rights this morning began its debate on advisory services and technical cooperation in the field of human rights and heard statements from the Secretary-General’s Special Representative on Cambodia, the Independent Experts on Haiti and Somalia, and the Chairperson of the Board of Trustees of the Voluntary Fund for Technical Cooperation in the Field of Human Rights.

The Commission decided, without a vote, to consider the question of assistance to Chad under the present agenda item and requested the High Commissioner for Human Rights to submit a progress report on the establishment and implementation of a technical cooperation project in Chad to the Commission’s fifty-sixth session.

Thomas Hammarberg, the Special Representative of the Secretary-General on Cambodia, said that in response to Cambodia’s request for assistance to bring justice to those who were responsible for genocide and crime against humanity between 1975 and 1979, the Secretary-General’s Group of Experts had recommended that the United Nations should establish an international tribunal, somewhere in the Asia and Pacific region but not in Cambodia. However, the Cambodian Government had made clear that it wanted the trial to take place inside Cambodia.


Adama Dieng, the Independent Expert on Haiti, said the “sickness” of the judicial system was one of the major issues facing Haiti. The reform of the system was slow and numerous violations of human rights had taken place throughout it. The climate of insecurity, the corruption of the judiciary and in the ranks of the Police, and the insufficience of the judiciary, all needed to be studied to resolve the question of the future of the United Nations mission to Haiti.

In response, the representative of Haiti commended the report of the Independent Expert. The enjoyment of human rights was a priority for the Haitian Government, but it was difficult to fulfill because of the institutional political crisis which was based on the economic crisis. Haiti considered of great importance its technical cooperation with the Office of the High Commissioner for Human Rights.

Mona Rishmawi, the Independent Expert on Somalia, said most of the country remained submerged in an internal conflict between clans which had led to the collapse of the central government. The Commission’s call for the integration of human rights in the peace negotiations was appropriate and the warring parties should refrain from committing crimes. Violations by the factions included systematic attacks against life, pillage, hostage-taking, rape and sexual violence as well as attacks against humanitarian relief workers.

Leila Takla, Chairperson of the Board of Trustees of the Voluntary Fund for Technical Cooperation in the Field of Human Rights, said the increase in requests for technical cooperation as well as the increase in contributions to the Voluntary Fund indicated that there was a growing understanding, among Member States, of technical cooperation in the field of human rights as an effective tool for building and strengthening national human rights capacities and thus preventing human rights violations and conflicts.

Government representatives speaking under this item included Haiti, Japan, Madagascar, India, El Salvador, Guatemala, Germany (on behalf of the European Union), Austria, and South Africa.

Earlier this morning, the Commission concluded its debate on the effective functioning of human rights mechanisms, including treaty bodies, national institutions and regional arrangements, and adaptation and strengthening of the United Nations machinery for human rights.



Government representatives speaking under this item included Pakistan, the Republic of Korea, and Norway. The following non-governmental organizations also spoke: the African Commission of Health and Human Rights Promoters, International Educational Development, Inc, Pax Romana, Association of World Citizens, International Federation of Human Rights, Franciscans International and the International Institute of Peace.

India, Algeria, Pakistan and the Republic of Korea exercised their rights of reply.

The Commission will continue its discussion on advisory services and technical cooperation in the field of human rights at 3 p.m. this afternoon.
It will also be updated on the situation of Kosovan refugees by High Commissioner for Human Rights Mary Robinson.

Advisory services and technical cooperation in the field of human rights

Under this agenda item, the Commission has before it a note (E/CN.4/1999/98) by the Secretary-General on assistance to States in strengthening the rule of law which announces the availability of the report of the Secretary-General on this issue (A/53/309).

The Commission also has before it document (E/CN.4/1999/99) which contains a report by the Secretary-General detailing the technical cooperation programme in 1998, including a programme overview, programme approach and methodology, the integration of economic, social and cultural rights into the technical cooperation programme, and training materials developed to support technical cooperation.

The report also details technical cooperation field activities in 1998, under five headings: projects completed and evaluated; projects under evaluation, across the globe; field presences and technical cooperation; technical cooperation projects in an advanced stage of formulation; and new requests received for technical cooperation.

Also being considered by the Commission is document (E/CN.4/1999/100) which contains a report by the Secretary-General on the role of the Office of the United Nations High Commissioner for Human Rights in assisting the Government and people of Cambodia in the promotion and protection of human rights.


The report contains an overview of the activities in 1998. It also contains a detailed study of the activities of the Office of the High Commissioner for Human Rights in Cambodia in 1998, including assistance in legislative reform, administration of justice, national institutions for the promotion and protection of human rights, treaty reporting and international obligations, assistance to human rights non-governmental organizations, education and training programmes and curriculum development, information and documentation, monitoring and protection activities, and a network of provincial offices.

There is a report (E/CN/.4/1999/101) on the situation of human rights in Cambodia by the Special Representative of the Secretary-General for human rights in Cambodia, Thomas Hammarberg. He reports on his eleventh and twelfth missions to Cambodia. He also details major issues such as politically related violence, proceedings regarding Khmer Rouge crimes, impunity of the police and military, the functioning of the judicial system, torture, prison conditions, HIV/AIDS, women's rights, children’s rights, rights of ethnic minorities and rights of indigenous peoples, and land rights. In his concluding remarks, the Special Representative notes that though the Government has recognised the need for major structural reforms in the field of human rights, this work has not yet come very far. The human rights practice depends to a large extent on attitudes among the people in power.

Also before the Commission is a note (E/CN.4/1999/102) by the Secretary-General on the situation of human rights in Haiti which announces the availability of the report by the Independent Expert ((A/53/355). It states that the Independent Expert will not be in a position to present a full report of his visit to Haiti in January 1999.

Document (E/CN.4/1999/103) contains the report by the Independent Expert on the situation of human rights in Somalia, Mona Rishmawi. The document details the political situation in Somalia, the legal framework, the status of respect for human rights and humanitarian law, a report on her visit to Hargeisa to visit the mass graves, and recommendations for building a human rights nucleus in Somalia.

Ms. Rishmawi concludes that the international community should find ways to assure Somali civilians, especially the unarmed minorities, women, children and the elderly, that they have not been deserted. Human rights issues should be integrated in the peace negotiations, especially those sponsored by the United Nations, its regional partners or its Member States. Parties involved in the talks should be called on to refrain from committing the international crimes discussed in the report. The time is ripe to start to develop a nucleus for human rights work in Somalia today, especially in the areas experiencing recovery. A human rights officer should be placed in Nairobi, so that an overall strategy can be developed and meaningful programmes carried out.

The Commission is also reviewing document (E/CN.4/1999/103/Add.1) which is an addendum forensic report on mass graves in the vicinity of Hargeisa, Somalia to the report by the Independent Expert on the situation of human rights in Somalia. The addendum contains the report of a mission to conduct an on-site assessment of alleged mass graves in the vicinity of Hargeisa. An assessment was made of four sites, and many victims were found. The report expresses logistical considerations regarding the exhumation and examination of mass graves.

It concludes that the United Nations should establish a means of providing financial support for the conduct of thorough investigation of known and alleged mass grave sites and human rights violations linked to the period from 1988 to the present, and should authorise and assemble an international team of forensic specialists, working with local professionals, for the purpose of conducting investigations of selected mass graves and to encourage and support additional forensic investigations to be conducted by local professionals trained in forensic methods, assisted by international specialists.

Decision on Chad

The Commission on Human Rights decided, without a vote, to consider the question of assistance to Chad under the agenda item entitled “advisory services and technical cooperation in the field of human rights” and to request the High Commissioner for Human Rights to submit a progress report at its fifty-sixth session on the establishment and implementation of a technical cooperation project based on the joint needs-assessment mission to Chad undertaken by the Office of the High Commissioner for Human Rights and the United Nations Development Programme in October 1998.

Discussion on effective functioning of human rights mechanisms

SYED SHARIFUDDIN PIRZADA (Pakistan) said his country was convinced that the work of treaty bodies established to monitor observance of commitments of State parties to international human rights instruments had become a mainstay of the United Nations machinery in the human rights field. But these treaty monitoring bodies faced multiple challenges because of the proliferation of State parties to the various instruments as well as additional instruments that were in the process of being negotiated.

Mr. Pirzada said the instruments were adopted voluntarily and did reflect the political commitment of each ratifying State. Pakistan believed that institutions at the national level dealing with the promotion and protection of human rights did play an extremely important role. While Pakistan appreciated the work done by some national human rights institutions in strengthening democratic institutions by widening and enhancing democratic space, there were others that were used by their governments’ administrative machinery to avoid international scrutiny. One example was the National Human Rights Commission of India. It had no power to investigate human rights abuses in the country, although it was well recognized that it was the Indian army which had been responsible for flagrant, systematic and persistent human rights abuses in Kashmir and other areas where Indian forces were engaged in repression and "internal security action". The Commission needed to examine these problems in the context of discussion on human rights institutions.

MAN SOON CHANG (the Republic of Korea) said the primary responsibility for protecting human rights and fundamental freedoms lay first and foremost with States. It was encouraging to note that there had been a substantial increase in the number of national human rights bodies globally. It was timely that the Commission on Human Rights and the Office of the High Commissioner for Human Rights were strengthening their supporting roles in the establishment of national human rights institutions around the world.

Mr. Chang said a lively discussion was under way in the Republic of Korea on the matter of establishing a national human rights commission. No effort had been spared to reflect the views and opinions of the broader society. The Republic of Korea was still debating a draft Human Rights Act, which was a reflection of the Government's dedication to human rights and the development of pluralism. The national human rights commission would be independent, and governmental interference would be excluded. Human rights in the Draft Act were defined as the freedom and rights of human beings. The commission would teach and publicise human rights issues; research laws and make recommendations on them as well as on systems, policies and practices on human rights; and investigate and remedy human rights violations. It would be granted broad authority to investigate, and would be able to take various relief measures. It should be established by the end of the year.


ASMUND ERIKSEN (Norway) said effective functioning of human rights mechanisms was a cornerstone of the United Nations efforts to promote and protect human rights. Treaty bodies played a crucial role as guardians of the treaty implementation system. Many States, however, were years behind in submitting their reports to the respective committees and the committees as they were currently constituted could not deal with the high number of reports.

Mr. Eriksen said Norway welcomed reform of the treaty body system and noted encouraging efforts from the treaty bodies to consider their working methods and procedures. It encouraged greater coordination and sharing of information among the treaty bodies. At the same time, additional resources were essential if the treaty body system was to function effectively.

DJELY-KARIFA SAMOURA, of the African Commission on Health and Human Rights Promoters, said the world remained affected by constant disturbances, whether in the form of local, regional or international conflicts, or grave violations of human rights. It was encouraging to see that in regions where there was considerable risk of armed conflict and violations of human rights, there were men and women making every effort to construct peace and national security. An important cause of conflict was the growing availability of light arms. A moratorium had been imposed in Mali on the import, export and fabrication of light arms. This was a brave societal effort towards peace. The Commission and its expert bodies should support this measure in Mali, as well as other steps taken by West African countries which were part of their efforts to preserve and extend peace.

SHIN-BOM LEE, of International Educational Development, Inc., said the situation of human rights in the Republic of Korea had been a tumultuous factor of life. The Government had retaliated against opposition party activities by indicting 47 party members. Police forces had also abused human rights. There was a need for a new law to protect human rights and a process of national dialogue. The High Commissioner for Human Rights should urge the Republic of Korea to do this, and to establish a national institution to oversee the use of government power to repress the opposition and the democratic process.

JO-YOUNG LEE, of Pax Romana, said the organization had studied with interest the three reports presented to the Commission (E/CN.4/1999/93, 94 and 95), especially those concerning the seventh Workshop on regional arrangements held in New Delhi, India, in February 1999 and the third annual meeting of the Asia-Pacific Forum for Human Rights Institutions held in Jakarta, Indonesia, in September 1998. These documents were useful in the debate and for efforts to make these mechanisms more relevant and responsible to the urgent need to protect and promote human rights. Economic growth and prosperity were no guarantees for the promotion and protection of human rights as indicated by the recent economic turmoil and the social tensions in most Asian countries. In fact the economic crisis had only confirmed the necessity of Asian governments to establish effective human rights mechanisms both at the national and regional levels.

Mr. Lee said the organization supported the efforts of several Asian governments to promote the better operation of national human rights institutions, and welcomed the decisions of a number of governments such as Malaysia, Mongolia, the Republic of Korea and Thailand to establish national human rights institutions this year. Pax Romana wished to raise concerns about the Governments of Japan, China and Burma which remained indifferent or incapable of taking the initiative in establishing national human rights institutions.

DAVID LITTMAN, of the Association of World Citizens, said the organization had raised the problem of States which signed and ratified international covenants and conventions when they had no intention of honouring their signatures. This tied up with the present agenda item on effective functioning of human rights mechanisms, particularly the efficacity of the treaty bodies which were created to supervise the compliance of State parties to the covenants. The strengthening of the United Nations machinery for human rights directly concerned the Commission itself. The Association had made a joint statement on 30 March on the grave dangers of auto-censorship by Special Rapporteurs. This sensitive issue had again came to the fore with the watering down of the draft resolution on Sudan. It had been watered down to a "consensus resolution", thus being emptied of most of its essence. Even a mention of slavery had been eschewed. If this was indeed the case, it would be totally at odds with the grim reality, as well as the High Commissioner's criticism of weak "consensus resolutions".

ELENI PETROVLA, of the International Federation of Human Rights, said that the creation of national institutions for human rights by States was encouraging, but a negative point was that many Governments insisted on controlling these institutions, thus negating their ability to make a unique contribution to the efforts made by the country to promote human rights and protect citizens. This had taken place in Algeria, where the national human rights commission consistently adopted the views of the Government. This situation should be remedied, and the Commission should insist upon various measures to this effect.

PABLO ROMO, of Franciscans International, said that in Mexico, the existence of a gigantic legal superstructure and various human rights programmes did not translate into effective means to protect these rights. The most serious problem was the misuse of information received through the Mexican system of protection. Too often the system provided information on those whose rights had been violated and they then became further victimized by the authorities. The Mexican Government should accept the technical assistance of the Commission and should use it to reform its National Commission on Human Rights.

PANKAJ BHAN, of the International Institute for Peace, said national institutions had played an important and constructive role in the relatively short period of their existence in many parts of the world in the field of the promotion and protection of human rights. Institutions monitored the performances of State agencies, providing effective remedies for violations, encouraging human rights education and promoting means to ensure respect for human rights. They were also playing a role in encouraging regional cooperation. However, there were reported difficulties, particularly with regard to resource constraints and enforcement agencies.

Mr. Bhan said the Commission should stress to States that they should provide sufficient resources to these commissions, along with complete autonomy so that they could play their unique role as a link between the sphere of the government and that of civil society. Additional commissions should be established. In most Asian countries, the role of such commissions was not effective. Development of a human rights culture could help reduce the tensions and conflicts within States at a regional level, thereby allowing them to enjoy better political stability and opportunities for development.

Rights of Reply

The representative of India, speaking in right of reply, said that India supported the role played by national human rights instruments. Ironically, Pakistan, which did not have such a commission, had identified them as useless. Pakistan’s single obsession remained the manipulation of the Commission to slander and defame India under each agenda item. Gross violations of human rights were widespread in Pakistan, and it had no intention of remedying this. Instead, it deviated attention by misrepresenting the state of affairs in other countries. It was time for the Commission to hold Pakistan responsible for the endemic discrimination, notably of women, in that country.

The representative of Algeria, speaking in right of reply, said that the International Federation of Human Rights had questioned the independence of the Algerian Commission on Human Rights. The Federation had no credibility, since it had justified massacres and colonialism in the past, yet had not condemned apartheid and had never shown compassion. The Federation had never condemned administrative detention centres contrary to democracy. Last year, the Federation had accredited a terrorist element, imprisoned by Switzerland. A decision should be made on giving the floor to this non-governmental organization, as it was not worthy of participating in the debate.

The representative of Pakistan, speaking in right of reply, thanked India for its solicitude, but said that it was misplaced since the thousands of Kashmiris were more worthy of this feeling, although nothing was done for them by India. Many Kashmiris had died in waves of oppression by India. The Indian National Human Rights Commission was not mandated to cover violations of human rights committed by the army, which was guilty of the oppressions in Kashmir. The Indian Commission was by design a paper tiger, and did nothing to remedy violations.

The representative of the Republic of Korea, speaking in right of reply in response to a statement by International Educational Development, said that his country was making progress in the protection of human rights. The presence of his Foreign Minister before the Commission proved the importance given to this issue. The Human Rights Act under legislation was further proof. The accusation regarding the human rights situation in the Republic of Korea was politically motivated, and this was regretted because it eroded the work of the Commission.

Discussion on advisory services and technical cooperation in the field of human rights

THOMAS HAMMARBERG, Special Representative of the United Nations Secretary-General on the situation of human rights in Cambodia, said 20 years ago, the Commission had received a report on mass killings and other large-scale atrocities in Cambodia under the Khmer Rouge regime. There had been no discussion of the report and no resolution was passed. Even after the Khmer Rough regime had been driven out of large parts of the country, the United Nations had continued a policy of silence, despite reports which showed that the killings were of genocidal proportions.

Mr. Hammarberg noted that the attitude within the United Nations had changed. In response, First Prime Minister Norodom Raniriddh and Second Prime Minister Hun Sen had asked for assistance to bring to justice those who were responsible for the genocide and crimes against humanity between 1975 and 1979. With the blessing of the General Assembly, the Secretary-General had appointed a Group of Experts to evaluate the existing evidence in order to determine the nature of the crimes committed by Khmer Rouge leaders and to explore legal options for bringing them to justice before international or national jurisdiction. The Experts had recommended that the United Nations, in response to the Cambodian request, should establish an international tribunal somewhere in the Asia and Pacific region but not in Cambodia.

However, the Cambodian Government had made it clear that it wanted the trial to take place inside Cambodia, Mr. Hammarberg said. According to the Group of Experts, the Cambodian court system failed to meet three essential conditions: a trained group of judges, lawyers and investigators; an adequate infrastructure; and a culture of respect for due process. The Government’s concern that arrests and trials would cause unrest was taken seriously. Yet, it was his clear impression that Cambodians were indeed ready for trials and would welcome them as long as they met the essential principles of justice. The fact that 20 years had passed did not change the basic premise that the Cambodian authorities and the international community had an obligation to the victims and their relatives to organize a trial against those who were responsible for the genocide and other crimes against humanity.

Mr. Hammarberg said the Minister of Justice of Cambodia had designed a plan for legal reform which would also be important for the combat against impunity. The international community, including individual donors, should assist the Cambodian Government in this regard. Important efforts had already been made by Japan and Australia in the development of the justice system.

ADAMA DIENG, Independent Expert on Haiti, said that there was a need for the United States to return the documents that it had taken when its troops had arrived in Port au Prince as part of the international force. These documents provided vital information on human rights violations such as torture. Despite repeated appeals, the Haitian people were still waiting for the return of these documents. The United States needed to return these integrally and without delay so that justice could be done.

Mr. Dieng said Haiti was suffering from a “sick” judicial system. The reform of the system was taking place very slowly. Conditions of detention had scarcely improved. Numerous violations of human rights had taken place throughout the judicial system related to arbitrary detention and denial of justice. Most of the cases were marred by serious irregularities. The “sickness” of the judicial system was one of the major issues facing Haitian society. A climate of insecurity also reigned. There had been resurgences of violence as well as assassinations. The wave of assassinations, murders and assaults was a salient characteristic of Haitian life. Whether the motives behind this wave were banditry or political criminal intents, they needed to be punished. Drug trafficking was also on the rise, and there was a need for help from the international community so that this did not cause further destabilisation.

Mr. Dieng said the climate of insecurity, the corruption of the judiciary and in the ranks of the Police, and the insufficience of the judiciary all needed to be studied to resolve the question of the future of the United Nations mission to Haiti. More than a million children between the ages of 6 and 11 had no access to education. There was also a parliamentary crisis which needed to be remedied so that free democratic elections could take place before the end of the year. Haiti had made progress in building a democratic State that respected individual freedoms. However, there were still grave problems of governance, security and poverty which threatened the State. The issue of the enjoyment of economic and social rights should retain the attention of the international community.

MONA RISHMAWI, Independent Expert on Somalia, said the complex emergency situation continued in Somalia and most of the country remained submerged in an internal conflict between clans which had led to the collapse of the central government. The Commission’s call for the integration of human rights in the peace negotiations was appropriate and the warring parties should be called on to refrain from committing crimes so that the lives of innocent civilians, particularly women, children and the elderly, were protected.

Ms. Rishmawi said violations in Somalia included systematic attacks against life, pillage, hostage-taking, rape and sexual violence as well as displacement and attacks against humanitarian relief workers.

There were several possibilities for building a nucleus for human rights work in Somalia, Ms. Rishmawi said, including the placement of a human rights officer within the United Nations Development Programme’s Somalia office in Nairobi. This had been endorsed by the High Commissioner for Human Rights. The Independent Expert identified four areas which should be addressed: integrating human rights into the work of United Nations agencies; raising awareness on women's rights; raising awareness in the area of law enforcement; and supporting Somali human rights defenders. The discovery of mass graves in Hargeisa in 1997 had led to investigations and the recommendations would be acted on. The placement of the human rights officer in Nairobi would facilitate this task.

LEILA TAKLA, Chairperson of the Board of Trustees of the Voluntary Fund for Technical Cooperation in the Field of Human Rights, said the programme of technical cooperation by its very nature was preventive. The aim was building a human rights infrastructure and national capacities, working with governments upon their request. As stated in the Vienna Declaration and Programme of Action, democracy, development and respect for human rights and fundamental freedoms were interdependent and mutually reinforcing. This called for an integrated approach by the United Nations. As a result, the technical cooperation programme in the field of human rights was now working in close cooperation with other United Nations agencies and programmes.

Ms. Takla said along this line of joint action by the United Nations agencies was the following example from the Philippines. In response to a request for assistance presented by the Government of the Philippines and a follow-up to the recommendations of the Committee on the Rights of the Child, the Office of the High Commissioner had carried out a project formulation mission to the Philippines. The mission led to the negotiation of a technical cooperation agreement and this would support the establishment of a "Comprehensive System of Justice for Children" which would be jointly implemented by the Office of High Commissioner and UNICEF.

Ms. Takla said the Board of Trustees had always placed great importance on technical cooperation as a tool for enhancing the human rights of women. It had recognized the need for gender consideration to be more fully integrated into the technical cooperation programme. Also national human rights institutions played an important role in the promotion and strengthening of already existing institutions had therefore become a major part within the technical cooperation programme. Furthermore, three years ago, the Board had recognised the need to ensure that the programme reflected the full range of rights in the development and implementation of activities.

Ms. Takla concluded by noting that during 1998, the Board had appraised and endorsed a total of 18 new project proposals on issues ranging from human rights education and internally displaced persons to debt-swap for human rights, administration, and financial resources. The increase in requests for technical cooperation as well as the increase in contributions to the Voluntary Fund indicated that there was a growing understanding, among Member States, of technical cooperation in the field of human rights as an effective tool for building and strengthening national human rights capacities and thus preventing human rights violations and conflicts.

FRITZNER GASPARD (Haiti) said the report of the Independent Expert Adama Dieng was to be commended. The enjoyment of human rights was a priority of the Haitian Government but it was difficult to fulfill this objective within the context of the institutional political crisis which was based on the economic crisis. The social economic crisis had been addressed head on by the Haitian Government in order to relieve the degrading misery through a national assistance plan. Haiti was in the process of a profound reform of the judiciary which had already initiated implementation of the Commission’s recommendations of reform and justice; improved the administration and general conditions of detention, notably of minors; reinforced the system and management of judiciary inquiries; and revised the statute on women.

Mr. Gaspard said Haiti put great importance on the technical cooperation provided by the High Commissioner for Human Rights.

RYUICHIRO YAMAZAKI (Japan) said the importance of advisory services and technical cooperation in the field of human rights could not be over-emphasised since they were among the most efficient and effective means of promoting and protecting all human rights and democracy. Democratic development and better promotion and protection of human rights required not only the political will of the government concerned, but also appropriate systems and institutions as well as human resources. Thus the Government of Japan strongly supported the Office of the High Commissioner for Human Rights in its efforts to undertake this important responsibility to provide advisory services.

Mr. Yamazaki said there was an increasing number of requests made by various governments for technical assistance in the field of human rights, which showed the growing eagerness of many governments to promote and protect human rights. Japan welcomed the enhanced cooperation between the Office of the High Commissioner for Human Rights and other United Nations bodies in formulating proposals and providing technical cooperation upon the request of governments. The on-going cooperation between the Office of the High Commissioner for Human Rights in Cambodia and the Government of Cambodia was a good example in which the political will of the Government to promote and protect human rights was supported by the technical assistance activities of the Office of the High Commissioner.


FARALALAO RAKOTONIAINA (Madagascar) said that the Constitution of Madagascar enshrined judicial impartiality and the respect and protection of fundamental freedoms, both individual and collective. In order to allow the application of these principles, the Government had asked the competent United Nations authorities for technical assistance in the matter of human rights. But even before the beginning of the programme of cooperation, many initiatives had begun. The first of these was the creation of an international working group on human rights. The second was the creation of a National Commission on Human Rights. Madagascar was one of the least developed countries, but its consciousness of the human rights issue was great. It was hoped that the limited resources of the technical cooperation programme would be increased so that the requests for cooperation from an ever-increasing number of countries would be able to be fulfilled.

H.K. SINGH (India) said one of the principal purposes of the United Nations was to achieve international cooperation in promoting and encouraging respect for human rights. The advisory services and technical cooperation offered the most effective, efficient and practical means towards that end. Technical cooperation activities must be mainstreamed in all areas of human rights as a crucial element of promotional approaches that built capacity and ensured lasting solutions. The Vienna Declaration and Programme of Action called on the Office of the High Commissioner for Human Rights to assume a large role in the promotion of human rights through cooperation with Member States and by enhancing its programme of advisory services in the field of human rights.

Mr. Singh welcomed the fact that contributions to the Voluntary Fund for Technical Cooperation had been increasing over the past two years and that increasing numbers of developing countries were joining the list of contributors. India was concerned though that the staff allocated to technical cooperation activities had been reduced even though the workload had increased. It believed it was important that the system of human rights treaty bodies, special rapporteurs and special representatives, as well as working groups, working within their respective mandates, must include in their recommendations specific projects to be realised under the programme of advisory services and technical cooperation, with the view to contributing to practical change in the human rights situation at the grassroots level.

VICTOR LAGOS PIZZATI (El Salvador) said that technical cooperation had been initiated in the Ministry of Foreign Relations, the legislative assembly, the armed forces, the national secretariat for the family, the institute for the development of the woman and protection of the child, and other institutions. They had benefited from this technical assistance. There had been a multiple effect of benefits from the technical assistance project and the setting up of the national committee for the education of human rights in the context of the Human Rights Decade for Human Rights Education. The results showed the virtues of the technical assistance programme. El Salvador expressed its gratefulness to the Commission for this very important cooperation.

ANA CLARISSA VILLACARFA (Guatemala) said it had been chosen for a pilot project, along with 18 other countries, which was initiated by the High Commissioner's Office with regard to the reform of institutions. This pilot project had resulted in the Office of the High Commissioner in Guatemala directing and actively participating in these efforts of reform. An internal monitoring unit had visited Guatemala in April 1998 and had confirmed the effective implementation of the first step of the project and identified the priority areas for implementation of the second step. Guatemala was grateful for the technical assistance and said that the strengthening of a culture of peace aided by international instruments represented one of the pillars which assured the promotion and achievement of all of the human rights for Guatemalans.

WILHELM HOYNCK (Germany), on behalf of the European Union, said that human rights capacity building was an essential cornerstone of the United Nations human rights system. The starting point of any technical assistance programme was the willingness of the Government to honour its obligation to promote and protect human rights, for which endeavour the international community should be prepared to provide support. Assistance should be based on prior need assessment and should be established in cooperation with the government of the beneficiary country. A new and rewarding area for human rights capacity building could emerge in the shape of conflict mediation. Within its human rights policy, the European Union was committed to promoting activities on the ground, and aimed at strengthening democracy and the rule of law throughout the world.

Mr. Hoynck said the programme of advisory services and technical cooperation administered by the Office of the High Commissioner for Human Rights provided effective and efficient support at the request of countries committed to protecting and promoting human rights. While the European Union welcomed the expansion of the advisory and technical cooperation programme, it noted with great concern the ever-increasing gap between demand for technical assistance programmes, and the lack of available resources. The efforts of the High Commissioner for Human Rights to strengthen national capacities in the field of human rights was commended. The advisory services of the United Nations could be further improved through increased cooperation and coordination of all relevant actors in the field, as well as at the policy-making level. The key to good programmes of technical cooperation lay in their sustainability and efficiency. The full integration of economic, social and cultural rights as well as the right to development and of a gender perspective into the technical cooperation programmes would open up further opportunities for cooperation in the field of human rights.

CHRISTIAN STROHAL (Austria) said human rights were increasingly recognized as a central element for the prevention of conflict and the promotion of sustainable development; therefore international organizations and agencies had intensified their work in this field. To highlight the importance of the rule of law in post-conflict situations and as a contribution to efforts at strengthening system-wide coordination in the field of technical assistance, Austria had organized, together with the United Nations office in Vienna, an international conference on "Building Justice: Establishing the Rule of Law in Post-Conflict Situations", in June of 1998.

Mr. Strohal said several priority areas had been identified in the conference: providing the necessary legislative framework, ensuring the independence of judiciary, the modernisation of the police force, the reform of other criminal justice institutions and the creation of an enabling environment for such institutions to develop. Based on lessons learned from the case studies, the conference developed concrete recommendations which Austria hoped were useful for other efforts to re-establish the rule of law after conflicts or crises and in the context of the current discussion of coordination of post-conflict peace-building.

RENUKA NAIKER (South Africa) said that advisory services and technical cooperation constituted one of the most effective and efficient means of promoting and protecting human rights, democracy, and the rule of law. The development of national capacities was an integral part of the creation of a South African democratic society. There had been developments concerning the technical cooperation agreement between South Africa and the Office of the High Commissioner for Human Rights. The partnership had played an important role in the shaping of the national action plan for the promotion and protection of human rights, as well as benefiting South African society in many other ways. The increase in the number of requests by developing countries was encouraging, since this was evidence of the growing commitment by States to promote and protect human rights in their countries. South Africa looked forward to continued cooperation with the Office of the High Commissioner, in the common endeavour to raise the level of human rights observance and human dignity in South Africa and throughout the world.